Administrative Monetary Penalty System
C225

Contravention

Importer failed to keep prescribed records for goods subject to Special Import Measures Act (SIMA) action.

Penalty

Occurrence Penalty
Flat rate $25,000
Penalty basis
Per audit
Retention period
36 months

Guidelines

Non-compliance occurs when the importer fails to keep prescribed records for goods subject to Special Import Measures Act (SIMA) action.

Applied against the importer.

SIMA Compliance Officers and Senior Enforcement and Appeals Officers are authorised to apply this penalty.

Penalty cannot be issued unless the importer has been notified in writing that prescribed records are required.

Verify that the importer has been notified regarding these requirements by referring to the SIMA compliance case file found in Apollo.

Prescribed records are:

  • date of sale
  • description of the goods
  • date of release
  • the location of release
  • commercial invoice
  • purchase order
  • proof of payment including credits and adjustments
  • any other information as requested in the written notice

Apply a penalty per audit or verification.

References

Legislation

Customs Act, subsection 40(1)

D-Memo

D17-1-21, Maintenance of Records in Canada by Importers

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